Bittu v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRWP-1322-2020 (O&M) Date of Decision:-25.2.2020 Bittu ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- None for the petitioner.

Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by ASI Hakam Singh and Mr. Jang Singh, Clerk of Tehsildar.

***** GURVINDER SINGH GILL, J.(Oral) 1.

Short affidavit of Sh. Navdeep Singh Bhogal, Tehsildar, Samrala, Tehsil Samrala, District Ludhiana has been filed by learned State counsel today in Court, which is taken on record.

2.

Mr. Aditya Partap, Advocate has today put in appearance on behalf of respondents No.4 and 5 and has filed power of attorney, which is taken on record.

3.

Pursuant to order dated 5.2.2020 a Warrant Officer visited the premises in question and has submitted his report dated 14.2.2020. The relevant extract of the said report reads as follows:

" Thereafter, I along with the petitioner took a round of the premises and all the alleged detenues were roaming freely and were not found being PANKAJ KAKKAR 2020.02.25 18:11 I attest to the accuracy and integrity of this document

( 2 ) CRWP-1322-2020 (O&M) guarded by anyone at that time. I was found that there was no situation like illegal detention of the workers. The matter with regard to illegal detention was discussed with the owner of the brick Kiln and he denied the allegation and told me that the persons mentioned at Sr. No.1, 4 to 9, 13 to 14, 16 to 19, 21 to 25 (mentioned in para No. 4) of the aforesaid Criminal Writ Petition had come to work at the brick kiln on their own will and none has illegally been detained by him and in case they do not want to work at the brick kiln, they are free to go anywhere they like.

However, the petitioner and other worker mentioned at Sr. No.1, 4 to 9, 13 to 14, 16 to 19, 21 to 25 (mentioned in para No. 4) of the Criminal Writ Petition) did not want to work there and wanted to leave the premises of brick kiln and the owner of the brick kiln was having no objection in going of the workers from the brick kiln and thereafter the petitioner alongwith all the alleged detenues as mentioned in para No. 4 of the petition left the premises of the brick kiln in Truck No. PB1DCV-5351 alongwith their belonging. Before leaving the brick kiln, petitioner also gave his statement which is in Punjabi script and is annexed herewith as Annexure 'R-2',.

4.

In view of the aforestated position, it is evident that the alleged detenues have since been released and that owner of the brick kiln has no objection for their leaving the brick kiln. In these circumstances, no further directions are required to be issued. The petition, as such, stands disposed of, having been rendered infructuous.

25.2.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2020.02.25 18:11 I attest to the accuracy and integrity of this document